West Coast 2014-7, LLC v. Artale, Jr. et al

Filing 31

Judgment of Foreclosure and Sale. IT IS ORDERED AND ADJUDGED, that the mortgaged premises described in the Complaint and described in Schedule "A" annexed hereto and sold pursuant to this Judgment at public auction to be held at the United States District Court for the Eastern District of New York, located at in the lobby of the United States Courthouse, 100 Federal Plaza, Central Islip, NY 11722, New York, by and under the direction of James G. Ryan, Esq., who is hereby designated as Referee herein to sell the mortgaged premises in accordance with that purpose; that said Referee give public notice of the time and place of such sale in accordance with RPAPL §231 in Newsday Newspaper. ORDERED that said Referee or his duly appo inted designee then deposit the balance ofsaid proceeds of the sale in his/her own name as Referee in an FDIC Insured Bank and shall thereafter make the following payments and his/her checks drawn for that purpose shall be paid by said depository: Th e sum of $500.00 to said Referee for his fees herein; And also the sum of $455,440.04 (inclusive of costs), the amount computed by the Court and adjudged to Plaintiff as aforesaid, with interest from October 28, 2015 and also the amount of any sums expended by Plaintiff, for taxes, assessments, water rates and sewer rents, with interest and penalties accrued thereon, or so much thereof as the purchase money of the mortgaged premises will pay of the same. See attached judgment for further details. Ordered by Judge Joan M. Azrack on 6/21/2017. (cm to pro se defendant) (Florio, Lisa)

FILED
IN CLERK'S OFRCE

U.S. DISTRICT COURT E.D.N.Y.

5

JUN212017

5

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

LONG ISLAND OFFICE
X

WEST COAST 2014-7,LLC,

15-cv-4874(JMA)(AYS)
Plaintiff,
JUDGMENT OF

-against-

FORECLOSURE
AND SALE

ANTHONY ARTALE JR. and MR. ARTALE,

Defendant(s).
X

On the Summons in a Civil Action (the "Summons") and Verified Complaint and (the
"Complaint") filed herein on August 19, 2015; on the Notice of Pendency filed in the Nassau
County Clerk's Office on August 27, 2015; and upon the Plaintiff West Coast 2014-7, LLC's
Motion for a Judgment of Foreclosure and Sale and Caption Amendment finding all Defendants
in default of answering the Complaint, pursuant to Rule 55(a) of the Federal Rules of Civil
Procedure; and upon the Court finding that service was proper in accordance with the CPLR,after
a hearing held on June 1, 2017;

NOW,upon the Declaration of Regularity in Support of Motion for Default Judgment of
Foreclosure and Sale and Caption Amendment and Memorandum of Law of Alan H. Weinreb,
Esq., dated November 25,2015; and on the Affidavit ofAmounts Due and Owing of Glenn Ohno,

swom to the SO^'' day of October, 2015,the Court finds that;
The amount computed by the Court to be due on the Note ("Note") and Mortgage is
$455,440.04, including interest and late charges, as set forth on the schedule annexed to Plaintiffs
Motion as Exhibit"C" as of October 28,2015.

IT IS ORDERED AND ADJUDGED, that the mortgaged premises described in the
Complaint and described in Schedule "A" annexed hereto and sold pursuant to this Judgment.

Together with all right, title and interest of the owner thereof, if any, in and to the land

lying in the streets and road in front of the adjoining said premises, to the center line thereof.
Together with all fixtures and articles of personnel property annexed to, installed in, or
used in connection with the mortgage premises, all as more fully set forth in the aforementioned
mortgage, be sold in one parcel subject to the following any state of facts that an accurate survey

may show; easements, covenants, restrictions or reservations or records, if any;zoning restrictions
and any amendments thereto according to law now in force; existing violations and orders of the
appropriate departments of any City, Town or Village, if any; the physical condition of the
premises at the time of closing; and with any apportionments or adjustments; at public auction to
be held at the United States District Court for the Eastern District of New York, located at in the

lobby ofthe United States Courthouse, 100 Federal Plaza, Central Islip, NY 11722, New York,by
and under the direction of James G.Ryan,Esq., who is hereby designated as Referee herein to sell

the mortgaged premises in accordance with that purpose; that said Referee give public notice of
the time and place of such sale in accordance with RPAPL §231 in Newsday Newspaper and in
the case the Plaintiff shall become the purchaser at the said sale. Plaintiff shall not be required to

make any deposit thereon, that said Referee or his duly appointed designee, execute to the
purchaser or purchasers on such a sale a deed of the premises sold, that in the event a third party
other than the Plaintiff becomes the purchaser or purchasers at such sale, the closing oftitle shall

be had thirty days after such sale unless otherwise stipulated by all parties to the sale; and it is
fixrther

ORDERED that said Referee or his duly appointed designee then deposit the balance of
said proceeds of the sale in his/her own name as Referee in an FDIC Insured Bank and shall

thereafter make the following payments and his/her checks drawn for that purpose shall be paid
by said depository.
1^

The sum of$500.00 to said Referee for his fees herein.

2"^

The expenses of the sale and the advertising expenses as shown on the bills

presented to said Referee and certified by him to be correct, duplicate copies of which shall be left
with said depository.

3'"'*

And also the sum of$455,440.04(inclusive ofcosts), the amount computed by the

Court and adjudged to Plaintiff as aforesaid, with interest from October 28, 2015 and also the
amount of any sums expended by Plaintiff, for taxes, assessments, water rates and sewer rents,

with interest and penalties accrued thereon, or so much thereof as the purchase money of the
mortgaged premises will pay of the same; and it is further
ORDERED AND ADJUDGED,that said Referee or his duly appointed designee shall

take the receipt of Plaintiff or its attorney for the amounts paid as directed in item marked "3'^"
and shall file it with his report of sale. That said Referee or his duly appointed designee shall
deposit the surplus monies,ifany, with the aforesaid depository, within 5 days after the same shall
be received and ascertainable, to the credit of this action, to be withdrawn only on the order of a
Judge ofthis Court.

In the event that the Plaintiff or a governmental agency thereof is the purchaser of said

mortgaged premises at said sale, or in the event that the rights ofthe purchaser at said sale and the
terms of sale under this judgment shall be assigned to and be acquired by Plaintiff or any such

governmental agency, and a valid assignment thereof be filed with the said Referee or his duly
appointed designee shall not require Plaintiff or such governmental agency to pay in cash the
amount bid at such sale, but shall execute and deliver to Plaintiff or such governmental agency a

deed of the premises sold. Plaintiff or such governmental agency shall pay the amount specified
in the items marked

and

and shall also pay the amount of the aforesaid taxes,

assessments, water rates, sewer rents and interest and penalties thereon, if any. Said Referee or

his duly appointed designee shall apply the balance of the amount bid after deducting therefrom

the aforesaid amount paid by Plaintiff or such governmental agency, to the amounts due Plaintiff

in the item marked "3'^", and if there be a surplus over and above said amounts due Plaintiff,
Plaintiff shall pay to said Referee or his duly appointed designee upon delivery of said Referee's
Deed, the amount ofsuch surplus, and said Referee or his duly appointed designees shall deposit
said surplus as hereinabove directed.

Said Referee or his duly appointed designee shall make his report of such sale and shall
file it with the Clerk of the Court with all convenient speed. If the proceeds of such sale be
insufficient to pay the amount adjudged due to Plaintiff with the expenses, interests and costs as
aforesaid, said Referee or his duly appointed designee shall specify the amount ofsuch deficiency
in his report of sale, the Plaintiff shall recover from Defendants the whole deficiency of so much
thereof as the Court may determine to be just and equitable of the residue of the mortgaged debt

remaining unsatisfied after a sale of the mortgaged premises and the application of the proceeds

thereof, provided a motion for a deficiencyjudgment shall be made as prescribed by section 1371
ofthe New York Real Property Actions and Proceedings Law within the time limited therein, and
the amount thereof is determined and awarded by an order of this Court as provided for in said
section; and it is further

ORDERED AND ADJUDGED,that the purchaser at said sale be let into possession on

production ofthe said Referee or his duly appointed designee's deed; and it is further

ORDERED AND ADJUDGED,that each and all ofthe Defendants in this action, and all

the persons claiming under them,or nay or either ofthem,after filing ofthe notice ofthe pendency
ofthis action, be and hereby be forever barred and foreclosed of all right, title, claim, interest, lien
and equity of redemption in said mortgaged premises and each and every party thereof; and it is
further

ORDERED, ADJUDGED AND DECREED, that said premises is to be sold in one

parcel in "as is" physical order and condition, subject to any state offacts that an inspection ofthe
premises would disclose, any state of facts that an accurate survey of the premises would show;
any covenants, restrictions, declarations, reservations, easements, rights of way and public utility
agreements ofrecord, if any; any building and zoning ordinances of the municipality in which the
mortgaged premises is located and possible violations ofsame; any rights of tenants or person in
possession of the subject premises; prior lien(s) of record, if any, except those liens addressed in
section 1354 ofthe Real Property Actions and Proceedings Law. Said premises commonly known
as 29 Book Lane, Levittown, New York 11756. A description of said mortgaged premises is
annexed hereto and made a part hereof as Schedule "A".

Dated: Central Islip, New York
AJ2. 'L\

,2017

^Tmn M
Honorable Joan M. Azrack

United States District Court Judge